What is a Trademark?

So you have a great idea and you are ready to start your business. Or maybe, you have had your business for some time and are just starting to get brand recognition. This is the time to start thinking about protecting your brand. Trademark registration is just that…brand protection.

How do you Register a Trademark?

Federal trademark registration is done through the United States Patent and Trademark Office (USPTO). It typically has a cost of $225 per class.  Before you even get to the application process there are a few things you need to think about.

Search Process

It is very important to perform a comprehensive search before submitting a trademark application. You need to know if your trademark is actually available in the class you are requesting. As part of our flat fee trademark registration, we have a reputable trademark search company complete a full trademark search to make sure your mark is available before beginning the registration process.

What is a Trademark Class?

Trademarks are broken down into classes of either goods of services. When applying for a mark you must select at least one class of goods or services. Your mark will then apply to only that class. You can also choose to apply in multiple classes but will need to pay an additional filing fee of around $225 per class. The UPSTO has a list of available classes and will allow you to suggest additional classes. This is particularly helpful for our clients who are working on new and innovative technology that may not be included in the current classes.

What exactly do I want to protect?

You can either have a Word Mark or a Design Mark. Lets break this down with Nike as an example:

Word Mark

The name of your business or product. This would be the actual word “Nike”. Remember this only includes the word “Nike” in the class you are registered.

Design Mark

This would be your logo or branding. This would be the Nike swoosh (PICTURE OF NIKE)

Phrase

You can also protect a Phrase. This could be your tag line or saying. Nike’s “Just Do It” is a good example.

How Do I protect my mark?

Once your mark is registered it is very important that you act as a security guard over it. You are responsible for making sure that no one else infringes on your rights. This can be done in a couple of ways.

First, you want to be sure to put the trademark symbol next to your mark whenever it is used (“®”).  This shows the public that you have a registered mark and it is a way of asserting your rights.

Second, you want to regularly perform searches for your name and be on the lookout for anyone that is using a logo or design that looks similar to yours. If you do find that someone is infringing on your mark, it is your responsibility to notify them and request that they immediately stop. We can assist with drafting a cease and desist letter in the event you find someone is infringing on your mark.

Call Semanchik Law Group today to hear more about how you can protect your brand.  Keep in mind time is of the essence when you are considering registering your mark.